Nolensville Planning Commission
October 14, 2014, 7:00 p.m.
Commissioners Present: Jimmy Alexander, Andy Grosson, Robert Haines, Rick Owens, Jason Patrick, Douglas Radley, Jimmy Reaves, Ashlee Walden
Commissioners Absent: None
Staff Present: Henry Laird, Attorney Bob Notestine, Kali Mogul, Rick Fisher
Citizens Present: 62
1. CALL MEETING TO ORDER
The meeting was called to order at 7:01 p.m. by Chairman Douglas Radley.
2. PLEDGE OF ALLEGIANCE
Chairman Radley led the pledge of allegiance.
3. APPROVAL OF MINUTES
Commissioner Ashlee Walden moved to approve the minutes from the Planning Commission Meeting on September 9, 2014, seconded by Commissioner Andy Grosson. The motion passed unanimously.
5. CITIZEN COMMENTS
Mr. Armando Monterroso of 1642 Sunset Park Drive in Nolensville spoke on behalf Sunset Park residents and asked to make two requests of the Planning Commission regarding the Adams Property on the agenda as a new business item. The preliminary plat shows the subdivision connecting Sunset Park and Brittain Downs at Eulas Way. Mr. Monterroso requested that a separate entrance be constructed. Secondly, he asked the Commission to consider the spring at the edge of the Adams Property near the border of Sunset Park. Finally, Mr. Monterroso requested information on filing claims on potential damage to Sunset Park homes from blasting in the Adams Property.
Mr. Gary Zulauf of 9936 Maxwell Lane presented a photo slideshow illustrating what he believes are sinkholes north of the Adams property and water runoff he believes is coming from Sunset Park.
A citizen who did not identify himself also reiterated that his lot is routinely flooded by water that appears to come from Sunset Park. He asked the Planning Commission to consider this when debating the Adams Property. He stated he would like the Town to consider fixing the water runoff problem before more subdivisions are approved.
Mr. Bill Peach of 9931 Maxwell Lane said his land is adjacent to Mr. Zulauf and he is in the process of moving to this property. Mr. Peach recently had a septic tank installed, so he is concerned about the drainage of adjacent properties.
Mr. Don Geary of 1045 Brittain Lane said he has a considerable of amount of damage from blasting. He said he also said his property receives a lot of water from Catalina.
6. CONSENT AGENDA
A. Bond Actions
1. Winterset Woods Sec. 6 Reforestation: Release from landscaping maintenance bond
2. Winterset Woods Sec. 5B Performance: Transition to maintenance bonding and reduce to $21,600.00
3. Winterset Woods Sec. 5B Landscaping: Extend for six (6) months at the same amount to 6/3/14
4. Winterset Woods Sec. 5C/6 Performance: Transition to maintenance bonding and reduce to $38,683.00
5. Winterset Woods Sec. 5C/6 Landscaping: Extend for six (6) months at the same amount to 6/6/14
Commissioner Rick Owens moved to approve the consent agenda. Commissioner Walden seconded, and the motion passed unanimously.
7. NEW BUSINESS
A. Ferguson Property Subdivision, Preliminary Plat
Town Planner Henry Laird explained that this is another iteration of an earlier sketch plan. The three developers have drafted a letter of intent (LOI) to work together to develop the property, but all three parties have not yet signed the letter. Mr. Bob Haemmerlein represented Sunset Properties. After a great deal of discussion, the applicant requested a deferral on the project. The Planning Commission agreed by acclamation.
B. Capital Bank, N.A., Final Plat Minor Subdivision
There was some discussion about the Right-of-Way indicated on the plat. The applicant, Mohsen Malakouti, representing Rice Corporation, confirmed that the Right-of-Way would be indicated on the recorded plat as a reservation.
Commissioner Jason Patrick made a motion to approve the final plat minor subdivision for Capital Bank, N.A. with the conditions of assigning the address 7180 Nolensville Road and revising the R-O-W to a reservation. Commissioner Owens seconded, and the motion carried unanimously.
C. Adams Property Preliminary Plat
Mr. Joe Epps of Anderson, Delk, Epps and Associates represented the developer. He acknowledged that some of the neighbors had previously mentioned existing drainage issues and sink holes. The applicant hired a geotechnical engineer to inspect and make recommendations on these issues. The developer is willing to leave the main sink hole open or repair it per the State’s requirements. They have designed a swale to catch water, and the developer has contacted some of the neighbors in Sunset Park about the natural spring. They have agreed to construct a ditch or swale in this area to alleviate some of the ponding.
Mr. Epps said access to this property would be through Brittain Downs and Sunset Park. There is also a stubbed out road near the Geary property, should it be developed, so there is a potential for three access points to the subdivision. He also mentioned that blasting is managed by the State Fire Marshall’s office with pre-blast surveys, and the developer complies with the State Fire Marshall’s rules and regulations.
There was some discussion about traffic flow. Mr. Epps responded by saying that Nolensville requires connectivity with multiple entrances and exits. Mayor Alexander also pointed out that Eulas Way was stubbed out by the developers of Sunset Park when that subdivision was planned in preparation for a future connection. The Adams Property subdivision will connect to Sunset Park at this stub out point.
Commissioner Owens made a motion to approve the Adams Property Preliminary Plan, and Commissioner Robert Haines seconded. The motion passed unanimously.
D. Benington Section 7, Final Plat
Mr. Bill Kottas represented the applicant, Grove Park Partners.
Commissioner Patrick made a motion to approve the final plat for Benington Section 7 with performance bonding set at $48,415.00. Mayor Alexander seconded the motion, which passed unanimously.
E. Town Center Building Renovations Phase 2
The applicant, Mr. Tisano, was not present to represent the project but previously sent an e-mail correspondence to Town Staff agreeing to comply with the Design Review Committee’s recommendations.
Commissioner Jimmy Reaves made a motion to approve the Town Center Building Renovations Phase 2. Commissioner Andy Grosson seconded the motion, which passed unanimously.
F. Scales Farmstead Concept PUD Plan/Overlay Zoning
Mr. Rob Pease of CPS Land represented the project. The plan calls for 309 lots, four different lot sizes and various styles of housing offered within the subdivision. Mr. Pease said the Scales plan had been refined after receiving feedback from the public at the workshop held the previous month. Since this plan is a PUD, which is typically allowed some flexibility, the preliminary concept plan incorporates lots that average 14,000 square feet, but some lots are larger, while some are smaller.
Randy Caldwell with Ragan Smith presented details on site elements, the land plan and some of the revisions requested by Town Staff. The collector road was one of the major revisions required. They have realigned the collector road and integrated it into the plan. In addition, the plan calls for 38% open space to include a multi-modal trail, a community garden and an amenity center. Mr. Caldwell also showed illustrations of some berming and screening they plan to include.
Mr. Pease made a presentation and led a discussion on the four types of lots and house styles. There were questions on parking bay bump-outs on the main boulevard, the length of the driveways for the cottage homes, and lot sizes. Commissioner Owens commented that he felt the lot sizes were too small. Mr. Pease pointed out that nearly a third of the development will have lot sizes that are 15,000 square feet, while only 36 lots are 5,500 square feet in size.
Commissioner Owens requested the developer address the size of the streets within the development. Mr. Pease said he would work with the Town Staff and request a traffic study to assess the street widths, especially in the Cottage area.
Commissioner Patrick made a motion to approve the Scales Farmstead Concept PUD Plan/Overlay Zoning with one condition:
1. The developer will conduct a traffic study of the entire project, including entrance and exit turn lanes on Clovercroft Road and street widths within the subdivision.
Commissioner Walden seconded the motion, which passed 7 – 1, with Owens voting no.
8. OLD BUSINESS
A. Report from last BOMA meeting
No report was given.
9. OTHER BOND ACTIONS
A. Bond Report
Commissioner Walden moved to accept the bond report as amended. Commissioner Reaves seconded the motion, which passed unanimously.
Chairman Radley said he had not directly answered a citizen’s comment earlier during the meeting and wanted to clarify his reasoning. The resident had said it was the Planning Commission’s job to make sure that water didn’t flood his property. Radley said that while the Planning Commission is sympathetic, it is not the Planning Commission’s job to remedy an existing situation. The Commission focuses on preventing the situation from becoming worse by plans approved in the future.
Mayor Alexander agreed with Chairman Radley.
Commissioner Owens asked whether the Scales Farmstead required a variance to approve the 5,500 square foot lot size. Town Planner Henry Laird said that while the PUD description calls for a minimum lot size of 11,000 square feet it also allows flexibility in the Zoning Ordinance to achieve certain objectives. The narrative submitted by CPS Land states clearly that only 36 lots would be less than 11,000 square feet, and it would be up to BOMA to give the final approval of the plan with the overlay zoning.
Town Attorney Bob Notestine concurred, saying that action by the Planning Commission was simply a recommendation to BOMA, and because it is a PUD the ultimate decision to approve or disapprove is up to the Board. No variance is required.
Town Planner Henry Laird pointed out that the November meeting date falls on November 11th, which is Veteran’s Day. Town Hall will be closed that day, so the meeting should be rescheduled. After a brief discussion, Chairman Radley asked the Mayor to determine the November meeting date, and Laird agreed to notify the Commission about a suitable day to reschedule.
The meeting was adjourned at 8:55 p.m.
1. CALL MEETING TO ORDER
The meeting was called to order at 7:06 p.m. by Chairman Rick Owens.
2. PLEDGE OF ALLEGIANCE
Commissioner Robert Haines led the pledge of allegiance.
3. APPROVAL OF MINUTES
Chairman Owens made a motion to approve the minutes from the Planning Commission Meeting on October 8, 2013. Commissioner Brian Snyder seconded the motion, which passed unanimously.
5. CITIZEN COMMENTS
Mr. Brian VanderMey of the Trees and Trails Committee and 6004 Christmas Drive in Bent Creek said the Committee had discovered a very large, red oak in Bent Creek subdivision that may be 250 – 300 years old. The trunk is about 51 inches in diameter. A professional botanist assessed the tree and said it was the oldest red oak he has seen in his 40 years of experience. The tree is in the path of Phase 4 Section 1 subdivision. The Trees and Trails Committee is hoping to preserve the tree by asking the developer to reroute the section.
Alderman Beth Lothers of 304 Walpole Court gave a report from the Trees and Trails Committee. Three grant applications are in process to secure additional funds for the Small Town Connections project. There is a Transportation Alternatives Program grant; A Multi-modal grant, which requires 10-foot multi-modal paths; A Municipal Planning Organization grant; BOMA has also approved an application for one more Safe Routes To School grant. The grant would be for up to $140,000.00 to complete the sidewalk connection between Ballenger Farms and Creekside. In addition, there will be a Non-Infrastructure Safety Education Application made on behalf of Williamson County Elementary Schools for Safety Education funds. Lothers also mentioned connections being made between Brittain Downs subdivision, and the Sunset School campus and sidewalks are planned to be installed along Sunset Road with the road widening project.
6. NEW BUSINESS
A. Sonic Retrofit and Site Plan
Jimmy Mann, architect, represented the applicant. He explained the Sonic retrofit is an update to the exterior of the building. Chairman Owens asked about the comments by the Design Review Committee on valences and down lighting. Mr. Mann explained that valences will be added around lighting fixtures on the new canopy. He pointed out, though, that Sonic is acquiring a small piece of land that was abandoned by the shopping center. Car stalls will be added in this small sliver of land, and they do not want to lower the lighting where car hops will be walking across traffic to serve cars. The proposed lighting complies with the Town’s regulations. Landscaping will also be added.
Mayor Alexander asked whether a revised plat would need to be submitted. Henry Laird replied that the applicant has already submitted the minor subdivision plat revision. Commissioner Haines made a motion to approve of the Sonic Retrofit and Site Plan. Commissioner Jimmy Reaves seconded the motion, which passed unanimously.
B. Site Plan—Toby Florek—Farmers Insurance at 7035 Nolensville Road
Town Planner Henry Laird stated that the Town Staff and Attorney have discussed the proposal with Brentwood City officials since this property is in the Annexation Buffer Overlay zone. After some debate, Brentwood officials determined they did not object to the proposed use of this property since it is an existing building and not new construction. Mr. Florek also revised his parking site plan.
Attorney Bob Notestine confirmed that he had spoken with the Brentwood City Attorney, and together they determined that this proposal did not violate the Interlocal agreement.
Chairman Owens made a motion to approve the site plan revision for the Florek Farmers Insurance. Commissioner Haines seconded, and the motion passed unanimously.
Rezoning of Williamson County Property in Nolensville Park and Town of Nolensville Property Adjacent to Nolensville Park from Suburban Residential (SR) to Public Institutional (PI)
Henry Laird explained that the Town of Nolensville had acquired property adjacent to a Williamson County parcel next to the Nolensville Park. Both are zoned Suburban Residential (SR), whereas the park is zoned Public Institutional (PI). The Town has future plans to use its parcel for a Public Works building for storage or repairs. Mayor Alexander mentioned the land is currently being surveyed.
Chairman Owens made a motion to recommend the rezoning of the Williamson County and Town of Nolensville properties to the Board of Mayor and Alderman. Mayor Alexander seconded the motion, which carried unanimously.
Burkitt South Annexation Part 2—Stockmaster and Holt Properties Plan of Service
Henry Laird explained that two property owners have requested to be annexed into the town. These parcels are contiguous to properties that were previously annexed. If the Plan of Services for the Stockmaster and Holt properties is approved, the next step is for the annexation to be recommended to the Board of Mayor and Aldermen.
Chairman Owens made a motion to approve the Plan of Services for the Stockmaster and Holt properties as presented and recommend the annexation to BOMA. Commissioner Ashlee Walden seconded the motion, which passed unanimously.
Gleaves One-Lot Subdivision, Final Plat
Laird mentioned that the subdivision meets the Town zoning requirements for SR zoning. Sewer is available and had been approved by Metro. Chairman Owens made a motion for approval of the Gleaves one-lot subdivision and final plat. Commissioner Haines seconded, and the motion carried unanimously.
Benington Section 6, Final Plat
Eric McNeely represented the applicant. Mayor Alexander asked about lots that might be critical due to steep slopes. McNeely said that there are two lots—1613 and 1614—that are close to critical lot requirements and that those will be designated as critical lots when the plat is recorded. Mayor Alexander asked McNeely to also review lot 1618 for critical lot designation. McNeely agreed to review all three lots.
Chairman Owens made a motion for approval of the Benington Section 6 Final plat with the following conditions:
Critical lots will be marked on the final plat for recording
Performance bonding set at $191,066.75
Bent Creek Amendment to Master Concept Plan
Eric McNeely represented CK Development. He pointed out that CK has reconfigured the Master Plan to create a new 12-lot Phase 15, while removing 15 lots from previously planned Phase 12. A road will be reconfigured to connect Phase 12 to Clovercroft Road. Commissioner Haines pointed out that open space would be taken for Phase 15, while Phase 12 would be without those homes. Haines inquired about any additional amenities in mind for Phase 12. Mayor Alexander expressed he would like to have the bonding established for Phase 12 prior to approving the Amendment to the Bent Creek Master Concept Plan.
Steve Cates of CK Development mentioned that the land going to Clovercroft would be open space, and the Homeowner’s Association would be allowed to develop it. Cates also confirmed that a third party engineering company provided a cost estimate for the extension of the road, and that road would be bonded and secured by a letter of credit.
Beth Lothers asked on behalf of the Trees and Trails Committee whether there could be access marked for entrance to a natural open space through Phase 4 Section 1. Chairman Owens made a motion to approve the Amendment to the Bent Creek Master Plan with the retention of bonding for Phase 12 to ensure the roadway is built. Commissioner Haines seconded the motion, which passed unanimously.
Bent Creek Phase 15 Final PUD Plan/Preliminary Plat
After a lengthy discussion about open space pedestrian access between from Phase 4 Section 1 to Phase 15, Chairman Owens made a motion to approve the Bent Creek Phase 15 Final PUD Plan/Preliminary Plat with the following conditions:
Commissioner Haines seconded the motion, which passed unanimously.
7. OLD BUSINESS
A. Bond Actions
1. Ballenger Farms Phase 4 Section 1 Release from Landscape Bonding
Chairman Owens made a motion to approve release Ballenger Farms Phase 4 Section 1 from landscape bonding. Commissioner Walden seconded, and the motion carried unanimously.
2. Winterset Woods Section 6 Reforestation Transition to Landscape Maintenance Bonding and a Reduction in Bond Amount
Chairman Owens made a motion to approve the transition of Winterset Woods Section 6 Reforestation to Landscape Maintenance bonding and a reduction in the bond amount to $9,000.00. Commissioner Haines seconded the motion, which passed unanimously.
B. Bond Report
Chairman Owens made a motion to accept the bond report as amended. Commissioner Andrew Grosson seconded, and the bond report was accepted unanimously.
Commissioner Haines asked whether bonding amounts could be set at even amounts. Attorney Bob Notestine and Henry Laird agreed this could be done when bond amounts are approved by staff.
The meeting was adjourned at 8:15 p.m.